intellectual property issues in the cloud · an introduction to cloud computing and international...

LEGAL CHALLENGES IN THE CLOUD

1

INTELLECTUAL PROPERTY ISSUES IN THE CLOUD

EMERGING LEGAL CHALLENGES IN THE CLOUD IN THE CONTEXT OF

INTELLECTUAL PROPERTY


2

CONTENTS

1 INTRODUCTION

2 THE CLOUD DEFINING THE TERRITORY

3 LEGAL ISSUES IN THE CLOUD

4 OVERVIEW OF INTELLECTUAL PROPERTY INFRINGEMENT IN THE

CLOUD

5 HARMONIZING IP WITH THE CLOUD

6 INDIArsquoS TRYST WITH THE CLOUD

7 CONCLUSION

8 BIBLIOGRAPHY

BOOKS

ARTICLES

REPORTS

CASES

INTERNATIONAL INSTRUMENTS

STATUTES

INTERNET SOURCES


3

CHAPTER 1

INTRODUCTION

By LENNY THOMAS KURAKAR1

The interesting thing about cloud computing is that wersquove redefined cloud computing to include

everything that we already do ndashRichard Stallman

1 The cloud used to be a clicheacute designating the Internet and often a cloud shape represents the

Internet in a network diagram But now it is more than just an abstraction synonymous with

the web ldquoCloud Computingrdquo has evolved to define the new advancement in technology It is

a term now used to describe the on-demand computing services provided by cloud service

providers It is a model in which the computing infrastructure is viewed as a lsquocloudrsquo from

which users can access applications from anywhere in the world2 It is the delivery of

computational resources allocated from a place other than the one from which the user is

computing3 Cloud services are used constantly with or without the users realizing this fact

whether it is Facebook Twitter or Azure4

2 The cloud has accelerated the growth of the IT sector and enabled an OPEX5 model of

business which provides the economic appeal for choosing the cloud However the reign of

the cloud should be watched with some concern It accompanies with it jurisdictional

intellectual property and privacy issues Since technology has fast outpaced the legal regime

for protection of rights the law has to catch up with the change There is a compelling need

for a law that can operate beyond territorial limits in order to rein in the cloud

1 Post graduate Student of NALSAR University of Law During her internship program at Altacit Global

2 RAJKUMAR BUYYA JAMES BROBERG AND ANDRZEJ GOSCINSKI (Ed) CLOUD COMPUTING

PRINCIPLES AND PARADIGMS 2011 3 JOHN W RITTINGHOUSE amp JAMES F RANSOME CLOUD COMPUTING IMPLEMENTATION

MANAGEMENT AND SECURITY at xxvii (2010) 4 Rivka Tadjer What Is Cloud Computing PCMAG (Nov 18 2010)

httpwwwpcmagcomarticlc202817237216300aspfbid=K-ta85K2uQY (last accessed on 12 December 2014)

See also Taty How Does Cloud Computing Work [Technology Explained] MAKEUSEOF (Mar 15 2011)

httpwwwmakcuseofcomtagcloud-computing-work-technology-explained (last accessed on 12 December 2014) 5 OPEX model- where only the operational expenses are incurred unlike the conventional CAPEX-Capital

expenditure


4

CHAPTER 2

THE CLOUD DEFINING THE TERRITORY

3 Cloud computing refers to the use of the internet (ldquocloudrdquo) based computer technology for a

variety of services It is a computing model in which virtualized resources are provided as a

service over the internet6 Generally it can be said to be a way of providing IT functions

such as information storage processing power and computer programs as services over the

internet through the usage of external (often remote) servers7 This means that the

information programs and applications which are conventionally stored in the computer or

other hardware are now stored on external servers which can be accessed through the

internet This allows computing to be given as a utility comparable to the other utilities like

electricity and water

4 The essential characteristics of the cloud include on-demand self-service broad network

access pooling of resources rapid elasticity and measured service all of which are captured

in the NIST definition NIST defines

lsquocloud computingrsquo as a model for enabling convenient on-demand network access to a

shared pool of configurable computing resources like networks servers storage

applications and services that can be rapidly provisioned and released with minimal

management effort or service provider interaction8

I Types of clouds

a Service models

6 Komal Chandra Joshi Cloud Computing In Respect to Grid and Cloud Approaches ISSN 2249-6645 IJMER

Vol 2 Issue 3 May- June 2012 pp 902-905 7 How Borderless is the Cloud An introduction to Cloud Computing and International Trade

KOMMERSKOLLEGIUM NATIONAL BORD OF TRADE

httpwwwwtoorgenglishtratop_eserv_ewkshop_june13_ehow_borderless_cloud_epdf (last accessed on 12

Dec 2014) 8 PETER MELL amp TIMOTHY GRANCE THE NIST DEFINITION OF CLOUD COMPUTING

RECOMMENDATIONS OF THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 2 (2011)

available at httpcsrcnistgovpublicationsnistpubs800-145SP800-145pdf [hereinafter NIST DEFINITION OF

CLOUD COMPUTING]


5

5 The NIST definition gives three service models of the cloud viz SaaS (software as a

service) PaaS (platform as a service) and IaaS (Infrastructure as a service) SaaS is a

complete operating environment with applications management and user interface In this

model everything from the application down to infrastructure is the vendor responsibility the

client is simply using the application entering managing data etc9 PaaS

10 provides virtual

machines operating systems applications services development frameworks transactions

and control structures11

IaaS12

service provider manages the entire infrastructure while the

client is responsible for all other aspects of deployment that can include the operating system

and applications13

Sometimes IaaS providers are also PaaS and SaaS providers14

6 In addition to these three categories a number of other possible types of as-a-service (-aas)

categories have appeared Common lsquoaasrsquo categories include Applications-as-a-Service

Backup-as-a-Service Desktop-as-a-Service and Business Processes-as-a-Service15

b Deployment models

7 Cloud services are deployed in different ways depending on its organizational structure and

provisioning location and who has access to the cloud The four deployment models of the

cloud are public cloud (also called utility computing) private cloud (virtual private cloud)

community cloud and hybrid cloud

8 Public cloud16

infrastructure is available to the general public and is provided by a third party

service provider Private clouds17

are cloud services within an organizational structure which

are operated solely for a designated company Cloud computing normally does not include

private clouds18

Though public clouds are more efficient than private clouds they are also

the most vulnerable

9 BARRIE SOSINSKI CLOUD COMPUTING BIBLE 11 (2011)

10 Forcecom Microsoft Azure platform Zoho creator and GoGrid CloudCenter are some PaaS cloud services 11

Supra n8 12

Some IaaS clouds are Eucalyptus and GoGrid 13

Supra n 8 14

Ionela Bălţătescu Cloud Computing Services Benefits Risks and Intellectual Property Issues RESER

Conference 2012 Edition httpwwwglobecorowp-

contentuploadsvolsplitvol_2_no_1geo_2014_vol2_no1_art_022pdf last accessed on 10 December 2014 15

Supra n 6 16

Some public clouds are Amazon Web Services (AWS) containing the Elastic Compute Cloud (EC2) (IaaS) and

the Simple Storage Service (S3) Google App Engine (PaaS) G-mail Microsoft Azure and Salesforcecom 17

Cerelink is a private cloud 18

Michael Armbrust Armando Fox Rean Griffith Anthony D Joseph Randy H Katz Andrew Konwinski


6

9 Where organizations share a private cloud it becomes a community cloud19

Enterprises

having similar specific needs can pool their resources to procure a community cloud It is a

generalization of a private cloud The hybrid cloud20

computing service combines the

deployment models of the public and private clouds

II Essential characteristics of the cloud

10 Computing as a service provides a new type of utility with its accompanying features From a

hardware point of view the following three aspects are new in Cloud Computing 21

a Cloud computing provides infinite resources (or creates an illusion of it) for the purpose

of the users The cloud is facilitated by the external servers of the Cloud Service

Providers22

which can be situated anywhere in the world This enables the users to

depend less on hardware and eliminates the need to provision for the future as the cloud

takes care of it all

b Companies can start on a short term basis and increase the quantity of resources used as

per their needs

c Payment can be made on a short- term basis (eg processors by the hour and storage by

the day)

11 However as the name lsquocloudrsquo signifies lack of locality of hardware and data is another

aspect of the cloud The data may be stored in multiple jurisdictions and in a fragmented

form This ambiguous nature of the cloud is what causes apprehension for the law Since

laws are usually territorial and the cloud cannot be confined within any such boundary the

nations are unprepared to answer the questions raised in the cloud The issues in cloud

computing include those relating to jurisdiction data sovereignty and privacy and intellectual

property

CHAPTER 3

LEGAL ISSUES IN THE CLOUD

I Privacy concerns

Gunho Lee David A Patterson Ariel Rabkin Ion Stoica Matei Zaharia Above the Clouds A Berkeley View of

Cloud Computing Technical Report No UCBEECS-2009-28

httpwwweecsberkeleyeduPubsTechRpts2009EECS-2009-28html last accesses on 9 December 2014 19

Google Gov Cloud is a community cloud 20

Rackspace is an example for a hybrid cloud 21

Vogels W A Head in the Cloudsmdashthe Power of Infrastructure as a Service In First workshop on Cloud

Computing and in Applications (CCA rsquo08) (October 2008) 22

Herein referred to as CSP


7

12 When data is stored in the cloud it means that the CSP has the data of the cloud user

However the CSP may have subcontracted the storage function to another company There

might be many other sub-contractor companies which enable the cloud This means that the

third party company could change their terms and conditions or upgrade their hardware

software without any permission or knowledge of the user Upgrades and amendments in the

privacy policy may cause the data to be exposed on the internet23

Further the customer

agreement is subject to the Service Level Agreements of the CSPrsquos The threat of third party

access always looms over the head of the user24

and the possibility of security glitches

cannot be ignored25

13 The data is likely to be stored in another country with more or less data protection It is

subjected to local laws that are outside the control of the data owner Most cloud storage

providers (Dropbox Google Drive OneDrive etc) do not encrypt data at rest26

Encryption

of data in the cloud allows the CSP to guarantee the protection of the data from unauthorized

access of data by third parties to some extent But legal access to the data in the cloud can

also be a problem to the user Situations can also arise where information stored in a certain

country is by legal obligation made available to that countryrsquos authorities such as police or

intelligence authorities27

23

Secure Cloud Storage Providers IMPERIAL COLLEGE LONDON available at

httpwww3imperialacukictservicessecurityhelpandadvicesensitivedatasuitablecloud last access on 10

December 2014 24

See Malpractice and Ethical Risks in Cloud Computing TLIEORG (2011)

httpwwwtlieorgnewsletterarticlesview1 82 (Texas Lawyers Insurance Exchange Austin Tex) (Issue No 2) 25

Both Google Docs and Dropbox have experienced security glitches In 2009 a glitch within Google Docs caused

private documents to be inadvertently exposed75 JR Raphael Google Docs Glitch Exposes Private Files

PCWORLD (Mar 9 2009 120 PM) httpwwwpcworldcomarticle160927google-docsglitch-exposesjpivate-

fileshtml In 2011 Dropbox disclosed a bug that created a gateway for potential hackers to obtain access to

confidential information from any Dropbox user for the hacker merely needed the users e-mail address to have

unfettered access to [the users] entire Dropbox Jack Newton Dropbox Drops the Ball SLAW (June 21 2011)

httpwwwslawca2011062 1dropbox-drops-the-ball in 2012 Dropbox publicly reported another security

glitch Dara Kerr Dropbox Confirms it was Hacked Offers Users Help CNETcOM (July 31 2012 737 PM)

httpnewscnetcom8301-1009_3-57483998-83dropbox-confirms-itwas-hacked-offers users-help see also Barb

Darrow Dropbox Yes We Were HackedGIGAOMCOM (Aug 1 2012 445 AM)

httpgigaomcomclouddropbox-yes-we-werehacked (last visited December 12 2014) (last access on 8 Decmber

2014) 26

Supra n 22 27

The PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept

and Obstruct Terrorism Act of 2001) in the United States allows federal security agencies to directly utilize Cloud

providerrsquos infrastructure for wiretapping and surveillance purposes which can also be accompanied with a gag order


8

14 EUrsquos Directive on the Protection to the Individuals with regard to the Processing of Personal

Data and on the Free Movement of Such Data28

has imposed new restrictions on the

collection storage and public availability of the data

II Jurisdictional concerns

15 The dynamic nature of the Cloud means that data is more often in transit both within and

away from the cloud provider resulting in multiple jurisdictional claims on the same

information There is no international treaty or any kind of consensus as to which law should

be deemed applicable in case of conflict

16 The result is that courts might have to rely on the physical location of the servers in which

the material is copied to determine jurisdiction29

17 The matter of jurisdiction is causing unrest in the legal fraternity The issues of cross-border

cases result in the courts exercising long-arm jurisdiction The courts are currently trying to

sew together the fabric of private international law with the territorial legislations in order to

counter the problems The result is just a patchwork solution to the cloud issues

III Intellectual property concerns

18 Online platforms offered by intermediaries allow users to upload and share material30

There

are also platforms for exchange of specified assets31

which facilitate additional activities

which enable users to follow other users32

In all these instances the transactions take place

in the ldquocloudrdquo

19 Intellectual property primarily relates to information whether confidential or data

expressions of ideas (protected primarily by copyright) signs and branding (protected by

(section 505) In an attempt to strengthen government control over the internet Cambodia is implementing a

government-controlled national exchange point through which all internet service providers (ISP) must go in order

to access the national market Sopheap Chak Cambodias Great Internet Firewall GLOBAL VOICES ONLINE

March 2 2010 lthttpbitlybrP14Mgt (last access on 6 December 2014) 28

94 46 EC October 1995 29

The German Federal Court in a case between Google and an artist whose paintings were depicted in the search

engine index as thumbnails did not go into the issue whether the depiction amounted to a reproduction of the work

as the server was situated in USA Hogan Lovells and Dr NiIs Rauer Thunbnails Legally Permissible in Germany

German Federal Court (February 28 2011) httpdocumentslexologycom116337f4-f0dd-41d1-8078-

b5d6e9942855pdf See also Hillary Stemple Germany High Court Rules Google Images Do Not Violate

Copyright Laws(April 30 2010) httpjuristorgpaperchase201004done-germany-high-court-rule-google-did-

not-violate-copyright-lawsphp( last access on 12 December 2014 ) 30

Eg Blogging facilitated by Google Wordpress Flikrcom 31

Eg eBay Amazon 32

Social networking sites such as Facebook and LinkedIn


9

copyright and trademarks) and the underlying structures of intellectual ecommerce whether

hardware or software (protected by copyright or patents) Protection of intellectual property

rights from potential infringement has become a herculean task in the cloud environment

20 The cloud due to its nebulous nature possesses a number of infringement possibilities The

main concern over the protection of intellectual property is that they are territorial rights

This makes it difficult to determine whether there is infringement or not The question

whether a Canadian patent can be infringed if it is used in US via the cloud illustrates this

point as there is no territorial infringement as such

21 Even if there is infringement it cannot be efficiently detected to serve the purpose of the

intellectual property protection due to the fragmented nature of the data in the cloud Reverse

engineering is also unhelpful to trace the locus of infringement33

22 The content stored in the cloud is in digital form which can be disseminated instantaneously

rapidly copied by third parties and difficult to monitor in the cloud Hence it is difficult to

track the elements of infringement per se Further the disclaimer clauses and the liability

clauses in the service contracts are usually drafted in such a manner so as to keep liability

risks at bay

23 However the offence of lsquoinducement to infringersquo is being applied by courts and plaintiffs to

deal with this problem

24 There is no definitive law to tackle divided infringement The cloud is facilitated by the

hardware owners service providers and the cloud itself might be the result of a subcontract

among the parties Hence in these cases there arises the situation of divided infringement

IV Lack of control over the data in the cloud

25 Storage of data in different locations through distribution over a wider area and a number of

resources increases the security chances but at the same time it has its negatives

Information in the cloud is actually stored in a place which is out of userrsquos control Access to

cloud storage data could be removed at any time and this is also outside the control of the

33

The access from resources not owned by the cloud consumer is possible as the intermediate connection between

source and target storage devices is provided by the Internet in most cases Hence it is not a simple matter to

identify the path that the data takes from source storage device to the target storage device as this path may not

remain fixed Richard Adams The Emergence of Cloud Storage and the Need for a New Digital Forensic Process

Model MURDOCH UNIVERSITY AUSTRALIA DOI 104018978-1-4666-2662-1ch004

httpresearchrepositorymurdocheduau194311emergence_of_cloud_storagepdf last access on 9 December

2014


10

user34

The cloud customer is not in a position to monitor the data handling practices of the

CSP35

The account can be deleted and all the data stored in it may be lost This is of most

concern when what is stored is sensitive data36

26 In the cloud not even the user has any whereabouts of his data37

The external server may be

shifted or relocated without his consensus38

Adding to this the conflict between privacy laws

in various jurisdictions we get the whole fuzzy picture of the cloud

CHAPTER 4

OVERVIEW OF INTELLECTUAL PROPERTY ISSUES IN THE CLOUD

I Trademark

34

Back-up failures and an increase in hacking attempts also challenge cloud users Lucas Mearian Latest Cloud

Storage Hiccups Prompts Data Security Questions COMPUTERWORLD (Mar 27 2009 1200 PM)

httpwwwcomputerworldcomsarticle9130682 last access on 9 December 2014 Also see Thomas Claburn

Amazon EC2 Outage Hobbles Websites INFORMATIONWEEKCOM (Apr 21 2011)

httpwwwinformationweekcomnewscloudcomputinginfrastructure229402054 (providing an example of an

unrelated outage with Amazon EC2 which experienced technical problems that slowed or disabled access to

websites of customers using Engine Yard Foursquare Hootsuite Heroku Quora and Reddit) last access on 9

December 2014 35

Cloud Computing Security Risk Assessment EUROPEAN UNION AGENCY FOR NETWORK AND

INFORMATION SECURITY (November 20 2009) httpswwwenisaeuropaeuactivitiesrisk-

managementfilesdeliverablescloud-computing-risk-assessment last access on 12 December 2014 36

Cloud Computing AN E-GOVERNANCE BULLETIN FROM GUJARAT INFORMATICS LTD Vol7 No 9

June-July 2010 httpwwwgujaratinformaticscompdfCloud20Computingpdf last access on 9 December

2014 37

Richard Acello Get Your Head in the Cloud ABAJOURNALCOM (Apr 1 2010 1248 AM)

httpwwwabajournalcommagazinearticleget your-head in the cloud explaining that when firms use cloud

service providers the vendors are responsible for purchasing maintaining and updating hardware and software

not the firm itself (describing the movement of data at the discretion of the cloud provider for example [f]irst we

had your data in Santa Fe but then we moved it to Duluth and now weve built a data warehouse in Iceland) last

access on 10 December 2014 38

Id


11

27 Trademark protection in context of the cloud is challenging as to what constitutes trademark

infringement and how exactly is the right to be protected in the cloud There is a growing

international consensus that the protection of trademarks should extend to the Internet and

that such protection should neither be less nor more extensive than outside the Internet39

a Infringement of trademark in the cloud

28 Infringement of trademark can be extensive or restrictive infringement Clouds which

facilitate exchange of specific assets like eBay and Amazon are more prone to cases of

trademark infringement A sign posted in the cloud will be visible worldwidemdasheven in a

country in which it was not intended to be used in There might be a conflicting right existing

in such a country Hence the use of the sign will make the owner of the sign susceptible to

infringement claims literally all over the world40

This is an instance of extensive

infringement Restrictive infringement requires a link between the use of the sign on the

Internet and the country in which the trademark requires protection41

In order to fix liability

the user should have intended the effect in any of the countries Activities in which trademark

can be infringed include advertising delivery of digital goods or services and mail orders

29 While deciding the trademark disputes the courts must keep in mind that the long-arm

jurisdiction that they exercise does not encroach upon the sovereignty of another country In

short the courts must make their orders adaptable to cyberspace environment

b Enable coexistence of conflicting rights

30 International consensus is required on the criteria to determine the link between the use of a

sign and the trademark protection Otherwise different countries will adopt different means

of tackling it

31 Disclaimers provide a flexible tool to territorialize the use of sign and to avoid infringement

claims in particular territories where there might be conflicting rights But this is not a

pragmatic solution42

Another means to prevent trademark issues is to enable technical

39

WIPO document lsquoUse of Trademarks on the Internet Issues Paper (SCT34) para 6 at

httpwwwwipointedocsmdocssctensct_3sct_3_4pdf last access on 9 December 2014 40

WIPO document SCT 29 para 62 41

Id paras 28 to 34 and 62 to 66 42

The following inconveniences accompany the use of disclaimers


12

mechanisms to block access to particular users and to refuse to deliver to consumers in a

particular country Even then the rights of the unregistered trademark holders are susceptible

to be overlooked Since trademark rights are protected only on a territorial basis when it is

threatened with a potential worldwide infringement the law reaches a cul de sac The

international legal fraternity has not reached upon a consensus as to the criteria to apply for

infringement and its exceptions 43

c Trademark infringement cases

32 The test formulated in the case Inwood Labs Inc v Ives Labs Inc44

remains the yardstick

for determining the liability of service providers In Tiffany (NJ) Inc v eBay Inc45

where

Tiffany alleged that the eBay users were using eBay resources to sell counterfeit Tiffany

products the court applied the Inwood test46

and held that eBay is not liable since it did not

have specific knowledge of the infringement

33 However in Louis Vuitton Malletier SA v Akanoc Solutions Inc47

the court interpreted

the Inwood test in a manner contrary to the Tiffany decision and awarded statutory damages

to Louis Vuitton (ldquoVuittonrdquo) imposing liability on Akanoc Solutions Inc (ldquoAkanocrdquo) for

contributory infringement of Vuittonrsquos trademarks and copyrights Akanoc had rented out

their server space IP addresses and bandwidth to foreign resellers of the same services who

resold it to companies who sold counterfeit Vuitton goods

34 The difference between the two cases can be whittled down to the fact that while eBay had a

detailed trademark policy in place Akanoc had none Further another feature distinguishing

the two cases were that while eBay had only a general knowledge of infringement Akanoc

a The user of a sign must have knowledge of conflicting rights all over the world in order to disclaim them This

may even include individual rights

b Disclaimers must be in the language of the particular countries

c Disclaiming relationship with multiple right holders is inconvenient and potentially impossible

d There is the residual risk of confusion WIPO document SCT 29 paras 37 and 66 43

Supra n38 para 30to 31 44

456 US 844 854 (1982) 45

600 F3d 93 (2d Cir 2010) 46

Under Inwood a service provider is liable for contributory trademark infringement if one of two conditions is

met

a The provider ldquointentionally induced another to infringe a trademarkrdquo or

b The provider continued to supply its services to a user who it knew or had reason to know was infringing on

trademarks 47

658 F3d 936 (9th Cir 2011


13

knew or should have known of the specific incidents of infringement48

There is a liability on

the service provider for continuing to provide services to infringers after being notified of the

infringement

II Copyright

35 Copyright issues are more problematic in the cloud When the various laws of copyright meet

in the cloud the result is ambiguity What is an infringement in one country may not be so in

another For example if a copyrighted work is copied and disseminated by a user in India

after the period of protection has expired (ie60 years) it would still infringe the US

Copyright Act which guarantees protection for 70 years Hence the courts must tread with

caution when trying to define the dynamic landscape of the cloud with respect to copyright

36 The next question is regarding the liability for copyright violation Whether the cloud service

providers can be made liable for any infringement of copyright using their services is

debatable One argument is that they act as merely conduit pipes for communication As

intermediaries they cannot be imposed with any liability for the copyright infringement by

users But the counter argument can be that they induce infringement by users and are hence

liable for that inducement

37 The scope of copyright itself is called into question in the cloud arena There is an underlying

presumption that the owner of the copyright can only control the display uses of the

copyrighted material When searching sites like Google copy whole books for the purpose of

indexing them (for refining the search technology) it is a non display use The cloud

providers are clearly making a commercial use of the works owned by others

38 Another issue is the making of copies of copyright protected material within cloud

computing and which rules apply in this instance For example the owner of a software

programme or music file does not have a general ownership per se but rather a license to an

individual copy Some countries allow individuals to make copies of music and film files for

private use as well as to a close circle of friends and family But when files are saved on

cloud servers it is difficult to interpret what this means and uncertainty exists regarding

what distribution is permissible

48

Bruce Goldner Stuart D Levi amp Rita Rodin Johnston ISPs Immunity from Contributory Infringement Not

Absolute SKADDEN (Sept 18 2009) httpvv^wwskaddencomIndexcfmcontentID= 51ampitemID=1871


14

39 Furthermore it is unclear what responsibility intermediaries who are often suppliers of cloud

services have in the supply of copyright protected material Since copyright protected

material is protected in certain countries but not in others this can lead to geographical

limitations and uncertainty regarding licensing rights for both companies and private

customers49

a Cloudiness of the cloud illustrated

40 In Penguin v American Buddha50

the court dismissed the case on the ground of lack of

jurisdiction American Buddha maintained a website known as Ralph Nader Library The

information available in the library website was stored in servers located in States of Arizona

and Oregon When Penguin found out that four of their printed works were available in the

website it filed a lawsuit against American Buddha in the US District Court for the Southern

District of New York claiming that the uploading and making available of the books

infringed Penguinrsquos copyright The New York District court agreed with the defendant that

the place of the injury was lsquowhere the books were electronically copiedrsquo ie where the

servers were located (Arizona or Oregon) and not in New York where the Plaintiff Penguin

was located

41 The courts must tread with utmost care when dealing with the infringement cases as their

decision might affect a third party in another country as well The effect of the copying is felt

wherever the website is available By resorting to a determination which is based on mere

technical aspect of the cloud this decision has made it even harder for a wronged right-

holder to get justice

42 Determining the liability of the cloud providers in cases of infringement has turned out to be

the most confounding ground for the jurists There is no agreement at all on whether they are

liable directly or indirectly or whether there is vicarious liability or contributory liability

The following cases highlight the fluctuating responses of the judiciary as to the liability of

the service providers

43 In Religious Technology Center v Netcom On-Line Communication Services Inc51

the court

held that actual knowledge of specific acts is required to establish contributory infringement

it was observed that in an online context evidence of actual knowledge of specific acts of

49

Supra n 6 50

Penguin Group (USA) Inc v American Buddha 609 F3d (2nd Cir 2010) (ldquoAmerican Buddha IIrdquo) 51

907 F Supp 1371(1995)


15

infringement is required to hold a computer system operator liable for contributory copyright

infringement In the Netcom case the court attributed lsquosubstantial participation in

copyrighted materialrsquo upon Netcom due to its failure to stop an infringing copy from being

distributed worldwide

44 In the Betamax Case52

the US Supreme Court supported the proposition that where the

alleged technology is capable of substantial non-infringing use its creators should not be

held liable for infringement This defense was disallowed when it was found that there is

actual knowledge of specific infringements in AampM Records Inc v Napster Inc53

45 In Arista Records LLC v Usenetcom Inc54

the cloud at issue here was the USENET

Network ldquoa global system of online bulletin boardsrdquo on which subscribers could post their

own messages or files and download files posted by others The court reasoned that

ldquorampantrdquo evidence of copyright infringement occurring on the USENET and undisputed

evidence that copyrighted sound recordings had been uploaded to the cloud and downloaded

by users inter alia prove that the defendants actively promoted direct copyright

infringement and that they intended to induce or foster copyright infringement by the clouds

users55

46 In Disney Enterprises Inc et al v Hotfile Corp et al56

the Southern District of Florida

dismissed direct infringement claims brought by a group of movie studios against Hotfile an

internet storage service but refused to dismiss claims for inducement contributory and

vicarious liability While the Southern District of California recently upheld direct

infringement claims against a file storage service but denied claims for secondary liability

in Perfect 10 Inc v Megaupload Ltd et al57

52

Sony Corp of America v Universal City Studios Inc 464 US 417 (1984) 53

239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55

Fernando M Pinguelo amp Bradford W Muller Avoid The Rainy Day Survey Of US Cloud Computing Case law

BOSTON COLLEGE INTELLECTUAL PROPERTY amp TECHNOLOGY FORUM httpbciptforgwp-

contentuploads2011071-AVOID-THE-RAINY-DAYpdf last access on 9 December 2014 56

2011 US Dist LEXIS 78387 (July 8 2011) 57

2011 US Dist LEXIS 81931 (July 27 2011)


16

47 The Southern District of New York held in Capitol Records Inc et al v MP3tunes LLC et

al58

that even if liability attaches storage locker services may be eligible for the safe

harbor protections in section 512(c) of the Digital Millennium Copyright Act59

b Further concerns in the cloud

48 The rights exercised by the cloud providers as they cause the materials to be copied and

transmitted remains to be distinguished from the exclusive rights of the copyright owner

The need to identify this matter arises when the users avail the same rights without any

authorization Since it is the service providers who make those services available does the

liability fall upon them

III Trade Secret

49 Private and confidential data protection is a huge concern in cloud computing That is the

threat against trade secrets as well Trade secret is information that is subject to attempts that

are reasonable under the circumstances to maintain its secrecy It can be a formula pattern

compilation program technique device method or process60

When a corporation puts all

its data into a cloud it could contain details as to its clients financials etc which is

confidential It could also qualify as business methods as it is sufficient to reveal valuable

information to a rival company The company loses physical access to the server which hosts

this information When such data is kept in the cloud the reliability of the cloud is the crucial

factor

50 The cloud computing facilities can be availed by entering into a take-it-or-leave-it agreement

(standard form contracts) There is not much space for negotiation as to suitability of the

resources to particular needs But the standard levels of security need not meet all the

requirement of security of a particular user Even encryption can only go so far as to prevent

58

07 Civ 9931 (WHP) 59

Section 512(a) of the Digital Millennium Copyright Act which allows an Internet service provider to provide

connections for material that is temporarily stored on its service with impunity provided it meets the following

conditions

a An individual other than the service provider initiated or directed the transmission of the material at issue

b The Internet service provider did not select the material being transferred routed or stored but instead the

process is completed automatically

c Another person not the service provider selects the recipient of the material

d The material housed on the server is not available to individuals other than the named recipient nor is it

available to the intended recipient for an unreasonably long period of time

e The Internet service provider does not alter or modify the materials content 60

Uniform Trade Secrets Act definition of trade secret in Section 1 (4)


17

innocent access It cannot keep away the intentional hackers with a proficiency in

unscrambling and decrypting or malicious insiders61

51 Third party access is a rational concern of the user especially since even laws of some

countries facilitate it User data can be handed over to foreign countries on request with or

without the knowledge of the user Since the cloud data is in transit the country through

which it passes has the potential to request such data according its laws62

Even countries are

concerned over the lack of privacy of data in the cloud63

Not to mention that the downtime

of the cloud can prove potentially disastrous for the companies which depend on these

clouds for their day to day transactions 64

52 There is uncertainty about the protection the data in the cloud will get from courts also It is

yet to be decided whether such data will qualify the lsquoreasonably protectedrsquo criteria of trade

secrets if it is stored in the cloud65

When the information that is usually kept locked in the

office cabinet is stored in the cloud it should at least be given a protection which is more

than is usually provided in the cloud The only sound advice to protect trade secrets at

present is to not store confidential matter in the cloud

61 ANTHONY T VELTE TOBY J VELTE ROBERT ELSENPETER CLOUD COMPUTING A PRACTICAL

APPROACH 139 (2009) See also Top Threats to Cloud Computing v 10 CLOUD SECURITY ALLIANCE

httpscloudsecurityallianceorgtopthreatscsathreatsv10pdf (March 2010) According to a recent Cloud Security

Alliance Report insider attacks are the third biggest threat in cloud computing 62

Digital Due Process Modernizing Surveillance Laws for the Internet Age

lthttpdigitaldueprocessorgindexcfmobjectid=37940370-2551-11DF-8E02000C296BA163gt Also Transparency

Report User Data Requests GOOGLE lthttpwwwgooglecomtransparencyreportuserdatarequests last access

on 9 December 2014 63

Jennifer Baker EU Upset by Microsoft Warning on US Access to EU Cloud COMPUTERWORLD (July 5

2011) httpwwwcomputerworldcomsarticle9218167EU_upset byMicrosoft_warning on US_accessto EU

cloud (describing the European Unions reaction on learning that Microsoft was unable to guarantee that the data of

citizens utilizing Microsofts cloud services would not be subject to release under the USA PATRIOT Act) See also

Greg Buckles US PATRIOT Act Trumps EU Safe Harbor DISCOVERYJOURNAL(July 18 2011)

httpcdiscoveryjoumalcom201107us-patriot-act-trumps-cu-safe-harbor last access on 9 December 2014 64

Google Amazon Microsoft all of them has succumbed to cloud outages Carly Okyle Microsoft Says 11- Hour

Azure Outage Was Caused by System Update ENTREPRENEUR November 20 2014

httpwwwentrepreneurcomarticle240029 Also Cloud Outages Cloud Services Downtime And The Lasting

Impact CRN httpwwwcrncomnewscloudindexcloud-outages-cloud-services-downtimehtm 65 Eric Savitz Is It Safe to Store Your Trade Secrets in the Cloud FORBES (February 22 2014)

httpwwwforbescomsitesciocentral20120222is-it-safe-to-store-your-trade-secrets-in-the-cloud (last accessed

on 15 Dec 2014)


18

CHAPTER 5

HARMONIZING IP WITH THE CLOUD

53 Attempts have been made in the international scenario to bring some kind of harmony in the

laws of the countries to give meaning to the rights in the technological era The lack of an

international binding agreement to solve issues in the cloud is well felt TRIPS agreement has

succeeded in synchronizing the laws of WTO member countries but it is insufficient to

protect the valuable rights in the cloud environment The territoriality of the IP protection

meant that the protection had to be claimed from the court in the places in which the

protection is sought

54 Significant attempts to evolve a regulatory instrument have been initiated by the National

Institute for Standards and Technology (NIST)66

the Cloud Security Alliance (CSA)67

Organization for Economic Cooperation and Development (OECD) 68

and the International

Telecommunications Union (ITU)69

There have also been attempts to standardize the cloud

services and to make customers aware of the problems underlying the cloud70

A

comprehensive set of rules dealing with jurisdiction choice of law and recognition and

enforcement of foreign judgments in disputes concerning the exploitation of IP rights were

prepared by experts in US71

Europe72

and Asia73

(including the ALI Principles CLIP

Principles Japanese Transparency Proposal Waseda Proposal and the Korean KOPILA

66

Wayne Jansen and Timothy Grance NIST Guidelines on Security and Privacy in Public Cloud Computing

Special Publication 80- 144 httpcsrcnistgovpublicationsnistpubs800-144SP800-144pdf last access on 10

December 2014 67

Cloud Controls Matrix (principles to guide vendors and customers to assess the security risk of a cloud provider)

httpscloudsecurityallianceorgresearchccm last access on 11 December 2014 68

OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data available at

httpwwwoecdorgdocument1802340en_2649_34255_1815186_1_1_1_100html 69

Focus Group on Cloud Computing httpwwwituintenITU-TfocusgroupscloudPagesdefaultaspx 70

Supra n 34 Also Cloud Standards Coordination ETSI (2013) httpcscetsiorgwebsitehomeaspx

last access on 11 December 2014 71

The American Law Institute Intellectual Property Principles Governing Jurisdiction Choice

of Law and Judgments in Transnational Disputes (Chestnut ALI Publishers 2008) 72

European Max Planck Group on Conflict of Laws in Intellectual Property Conflict of Laws in

Intellectual Property The CLIP Principles and Commentary (Oxford Oxford University Press 2013) 73

ldquoTransparency Principlesrdquo available at httptomeikajurkyushu-uacjpipproposalhtm see also

ldquoJoint Japanese-Korean Proposalrdquo is available at httpglobalcoe-waseda-law-commerceorgactivitypdf2808pdf

accessed on 12 December 2014


19

Principles) The prime concern of these drafters was to clarify a forum or streamline the

number of fora for adjudication of the disputes The ALI approach was to bring the dispute to

the court in the place where substantial injury occurred whereas the Japanese Transparency

approach focused on the forum where significant market interests of the right holder are

affected74

It is essential to analyze theses attempts in order to evolve a flexible approach

55 The European Union has proposed a draft General Data Protection Regulation (GDPR) to

substitute the European Union Data Protection Directive 9546EC in 2012 to deal with

technological innovations like cloud computing comprehensively In 2010 Microsoft

proposed the Cloud Computing Advancement Act to reconcile the differences in the national

laws and to secure a better cloud environment75

56 However reigning in the cloud within regulation is bound to be a unique challenge due to the

multifaceted aspects involved in the cloud Any new initiative to counter the abuse of the

cloud must be calculated to balance the interests of both the consumers and those of the

providers Since any regulation imposed on the cloud would inevitably affect the sovereignty

of the various jurisdictions an international instrument to prescribe uniform standards and to

resolve the conflict of the laws is the need of the hour

CHAPTER 6

INDIArsquoS TRYST WITH THE CLOUD

74 Paulius Jurčys International Jurisdiction in Intellectual Property Disputes - CLIP ALI Principles and other

Legislative Proposals in a Comparative Perspective (2012)3(2) JIPITEC 174- 226

75

Microsoft Urges Government and Industry to Work Together to Build Confidence in the Cloud January

20 2010 MICROSOFT NEWS CENTER httpnewsmicrosoftcom20100120microsoft-urges-

government-and-industry-to-work-together-to-build-confidence-in-the-cloud last access on 9 December

2014


20

57 India is not left far behind in the cloud arena With the initiative of the GI cloud Meghraj

India has also identified the potential of the cloud (notwithstanding the risks in the cloud)76

In the Strategic Direction Paper the Government has also ear marked the major issues in the

cloud

58 The Indian Civil Procedure Code 1908 bases territorial jurisdiction on two principles the

place of residence of the defendant and the place where the cause of action arises However

there are no determinants as to how these are to be determined in the cloud context The

cause of action can be either the place from where the site is accessed or where the server is

located77

In either case there is ambiguity as a number of fora can fulfill these criteria

59 The Information Technology Act 2000 deals with computers computer networks electronic

data cyber regulations and the like The Act is insufficient to deal with the technological

advancements and related issues in the cloud It provides that a cloud service provider is not

accountable for any third-party data made available by him if he shows that such

infringement or offence was committed without his awareness or that he has exercised due

diligence as prescribed by the Government for the prevention of such offence78

As far as copyright is concerned Section 8179

of the Information Technology Act protects it

But this does not extend to the other intellectual property Presently there is no binding

guidelines or principles to protect the users from the other multifarious problems in the

cloud

CHAPTER 7

CONCLUSION

76

GI Cloud (Meghraj) Strategic Direction Paper April 2013 Department of Electronics and Information

Technology Ministry of Communications and Information Technology Government of India

httpdeitygovinsitesupload_filesditfilesGICloud20Strategic20Direction20Report(1)pdf 77

NANDAN KAMATH LAW RELATING TO COMPUTERS INTERNET AND E-COMMERCE (2002) 78

Section 79 The Information Technology Act No 21 of 2000 Network service providers not to be liable in

certain cases-For the removal of doubts it is hereby declared that no person providing any service as a network

service provider shall be liable under this information or data made available by him if he proves that the offence or

contravention was committed without his knowledge or that he had exercised all due diligence to prevent the

commission of such offence or contravention Act rules or regulations made thereunder for any third party

Explanation-For the purposes of this section- (a) network service provider means an intermediary (b) third

party information means any information dealt with by a network service provider in his capacity as an

intermediary 79

Section 81 proviso Provided that nothing contained in this Act shall restrict any person from exercising any right

conferred under the Copyright Act 1957 or the Patents Act 1970


21

The only products that can be delivered on the Net are intellectual goods and the internet

will reach its potential only if one strengthens its intellectual property protections

- William Daley80

60 The cloud has immense potential to be the next lsquothingrsquo in technology It needs to be

harnessed within a framework of laws So far the judiciary has tried to align the cases within

the traditional framework81

However it merely serves as a patchwork solution

61 The growing competition in this arena will see to it that the providers are regulated suo

motto But for now the customers are at the mercy of shrewdly drafted standard form

contracts Cloud computing issues concerning intellectual property is yet to be defined and

demarcated The case laws currently available are fact specific and cannot constitute any

authoritative precedent Waiting for the courts to evolve a law for the cloud is unfair to the

users Especially to the IP right holders who have to make the most within the prescribed

period of protection Having a transparent IP policy and service protocols will provide the

CSP with the safe harbor cover of lsquodue diligencersquo 82

and bode well for the customers as well

62 However the fact that there are no laws to address the crisis (when it strikes) looms like the

sword of Damocles over netizens It shows that the nations are unprepared to meet such a

situation The instances of harm already done cannot be ignored as lsquowill-not-happen-againrsquo

events If the courts start using the extended arm of the law to deal with issues in the cloud

any cloud user will have to be wary of a legal notice for infringement or misuse from any

part of the globe Hence the law to regulate it must be operable beyond any territorial

80

William Daley Secy of Commerce for the United States of America Keynote address at WIPO Conference on

Electronic Commerce and Intellectual Property September 1999 at

httpecommercewipointconferencespapersdaleyhtml 81 Joan C Henry Establishing Personal Jurisdiction for Internet Transactions(1997) at

httpwwwlawstetsoneducoursescomputerlawpapersjhenryf97html last access on 12 December 2014 82 RODNEY D RYDER INTELLECTUAL PROPERTY AND THE INTERNET 49- 50 ( 2002) Websites terms

and conditions should deal with the following

a Copyright and trademark ownership with clear notice of the rights retained by the vendor in the website

b In the case of downloadable material what can be done with the download such as limiting the use on certain

computers or for non- commercial purposes

c Limiting or excluding liability to the extent possible and doing the same in respect of other warranties or

promises

d Limiting or excluding responsibility for linking to other sites For example Microsoft notice of infringement

httpswwwmicrosoftcominfoCloudaspx (cloud named OneDrive)


22

limitations An international system modeled on the UN Convention on the Law of The Sea

(UNCLOS) seems to be a possible solution to this borderless problem83

63 An added advantage would be provided if an international cloud registration center is

established to study the multi-faceted aspects of the cloud to allocate cloud space to

demarcate the boundaries to define the cloud policies and to deal with the technical issues

that arise84

In fact there is an urgent need for such an institution

BIBLIOGRAPHY

I BOOKS

1 Buyya Rajkumar James Broberg And Andrzej Goscinski (Ed) Cloud Computing

Principles And Paradigms 2011 John Wiley amp Sons Inc

2 Kamath Nandan Law Relating to Computers Internet and E-commerce Second Edition

2002 Universal Law Publishing Co Pvt Ltd

3 Rittinghouse John W amp James F Ransome Cloud Computing Implementation

Management And Security 2010

4 Rosen Jan (Ed) Intellectual Property at the Crossroads of Trade ATRIP Intellectual

Property 2012 Edward Elgar

5 Ryder Rodney D Intellectual Property and the Internet 2002 LexisNexis Butterworths

6 Sosinski Barrie Cloud Computing Bible Buyya 2011 Indianapolis Wiley Publishing Inc

83

Narayanan V Harnessing the Cloud Internatioanl Law Implications of Cloud Computing 12 Chi J Intrsquol L

783Winter CHICAGO JOURNAL OF INTERNATIOANL LAW The University of Chicago pp 806- 809

(2012) Here the demarcating factor need not be physical boundaries as in UNCLOS but it can also be the subject

matter of the dispute This would also aid in the recognition of the extraterritorial jurisdiction over foreign parties

without instigating national reproaches 84 Virginia Greiman amp Barry Unger Clearing the Air in Cloud Computing Advancing the Development of a Global

Legal Framework in PROCEEDINGS OF THE INTERNATIONAL CONFERENCE ON CLOUD SECURITY

MANAGEMENT 45- 51 (Dr Barbara Endicott- Popovsky Ed 2013)


23

7 Velte Anthony T Toby J Velte Robert Elsenpeter Cloud Computing A Practical

Approach 2009

II ARTICLES

1) Barb Darrow Dropbox Yes We Were Hacked GIGAOMCOM (Aug 1 2012 445 AM)

httpgigaomcomclouddropbox-yes-we-werehacked (last visited December 12 2014)

2) Bruce Goldner Stuart D Levi amp Rita Rodin Johnston ISPs Immunity from Contributory

Infringement Not Absolute SKADDEN (Sept 18 2009)

httpvv^wwskaddencomIndexcfmcontentID= 51ampitemID=1871

3) Carly Okyle Microsoft Says 11- Hour Azure Outage Was Caused by System Update

ENTREPRENEUR November 20 2014 httpwwwentrepreneurcomarticle240029

4) Cloud Computing AN E-GOVERNANCE BULLETIN FROM GUJARAT INFORMATICS

LTD Vol7 No 9 June-July 2010

httpwwwgujaratinformaticscompdfCloud20Computingpdf

5) Cloud Controls Matrix (principles to guide vendors and customers to assess the security risk

of a cloud provider) httpscloudsecurityallianceorgresearchccm

6) Cloud Outages Cloud Services Downtime And The Lasting Impact CRN

httpwwwcrncomnewscloudindexcloud-outages-cloud-services-downtimehtm

7) Dara Kerr Dropbox Confirms it was Hacked Offers Users Help CNETcOM (July 31 2012

737 PM) httpnewscnetcom8301-1009_3-57483998-83dropbox-confirms-itwas-hacked-

offers users-help

8) Digital Due Process Modernizing Surveillance Laws for the Internet Age

lthttpdigitaldueprocessorgindexcfmobjectid=37940370-2551-11DF-

8E02000C296BA163

9) Eric Savitz Is It Safe to Store Your Trade Secrets in the Cloud FORBES (February 22

2014) httpwwwforbescomsitesciocentral20120222is-it-safe-to-store-your-trade-

secrets-in-the-cloud

10) European Max Planck Group on Conflict of Laws in Intellectual Property Conflict of Laws

in Intellectual Property The CLIP Principles and Commentary (Oxford Oxford University

Press 2013)


24

11) Fernando M Pinguelo amp Bradford W Muller Avoid The Rainy Day Survey Of US Cloud

Computing Case law BOSTON COLLEGE INTELLECTUAL PROPERTY amp

TECHNOLOGY FORUM httpbciptforgwp-contentuploads2011071-AVOID-THE-

RAINY-DAYpdf

12) Greg Buckles US PATRIOT Act Trumps EU Safe Harbor DISCOVERYJOURNAL(July 18

2011) httpcdiscoveryjoumalcom201107us-patriot-act-trumps-cu-safe-harbor

13) Hillary Stemple Germany High Court Rules Google Images Do Not Violate Copyright

Laws(April 30 2010) httpjuristorgpaperchase201004done-germany-high-court-rule-

google-did-not-violate-copyright-lawsphp

14) Hogan Lovells and Dr NiIs Rauer Thunbnails Legally Permissible in Germany German

Federal Court (February 28 2011) httpdocumentslexologycom116337f4-f0dd-41d1-

8078-b5d6e9942855pdf

15) How Borderless is the Cloud An introduction to Cloud Computing and International Trade


httpwwwwtoorgenglishtratop_eserv_ewkshop_june13_ehowborderless_cloudepdf

16) Ionela Bălţătescu Cloud Computing Services Benefits Risks and Intellectual Property

Issues RESER Conference 2012 Edition httpwwwglobecorowp-

contentuploadsvolsplitvol_2_no_1geo_2014_vol2_no1_art_022pdf

17) Jack Newton Dropbox Drops the Ball SLAW (June 21 2011)

httpwwwslawca2011062 1dropbox-drops-the-ball

18) Jennifer Baker EU Upset by Microsoft Warning on US Access to EU Cloud

COMPUTERWORLD (July 5 2011)

httpwwwcomputerworldcomsarticle9218167EU_upset byMicrosoft_warning on

US_accessto EU cloud

19) Joan C Henry Establishing Personal Jurisdiction for Internet Transactions(1997) at

httpwwwlawstetsoneducoursescomputerlawpapersjhenryf97html

20) JR Raphael Google Docs Glitch Exposes Private Files PCWORLD (Mar 9 2009 120

PM) httpwwwpcworldcomarticle160927google-docsglitch-exposesjpivate-fileshtml

21) Komal Chandra Joshi Cloud Computing In Respect to Grid and Cloud Approaches ISSN

2249-6645 IJMER Vol 2 Issue 3 May- June 2012


25

22) Laycock Patrick J Cloud computing A brief overview of intellectual property issues in the

cloudrdquo ( November 16 2011) httpwwwsmart-

biggarcaenarticles_detailcfmnews_id=535

23) Lucas Mearian Latest Cloud Storage Hiccups Prompts Data Security Questions

COMPUTERWORLD (Mar 27 2009 1200 PM)

httpwwwcomputerworldcomsarticle9130682

24) Malpractice and Ethical Risks in Cloud Computing TLIEORG (2011)

httpwwwtlieorgnewsletterarticlesview1 82 (Texas Lawyers Insurance Exchange

Austin Tex) (Issue No 2)

25) Michael Armbrust Armando Fox Rean Griffith Anthony D Joseph Randy H Katz

Andrew Konwinski Gunho Lee David A Patterson Ariel Rabkin Ion Stoica Matei Zaharia

Above the Clouds A Berkeley View of Cloud Computing Technical Report No UCBEECS-

2009-28 httpwwweecsberkeleyeduPubsTechRpts2009EECS-2009-28html

26) Microsoft Urges Government and Industry to Work Together to Build Confidence in the

Cloud January 20 2010 MICROSOFT NEWS CENTER

httpnewsmicrosoftcom20100120microsoft-urges-government-and-industry-to-work-

together-to-build-confidence-in-the-cloud

27) Narayanan V Harnessing the Cloud International Law Implications of Cloud Computing

12 Chi J Intrsquol L 783Winter CHICAGO JOURNAL OF INTERNATIOANL LAW The

University of Chicago pp 806- 809 (2012)

of Law and Judgments in Transnational Disputes (Chestnut ALI Publishers 2008)

28) Paulius Jurčys International Jurisdiction in Intellectual Property Disputes - CLIP ALI

Principles and other Legislative Proposals in a Comparative Perspective (2012)3(2)

JIPITEC 174- 226

29) Richard Acello Get Your Head in the Cloud ABAJOURNALCOM (Apr 1 2010 1248

AM) httpwwwabajournalcommagazinearticleget your-head in the cloud

30) Richard Adams The Emergence of Cloud Storage and the Need for a New Digital Forensic

Process Model MURDOCH UNIVERSITY AUSTRALIA

httpresearchrepositorymurdocheduau194311emergence_of_cloud_storagepdf

31) Rivka Tadjer What Is Cloud Computing PCMAG (Nov 18 2010)

httpwwwpcmagcomarticlc202817237216300aspfbid=K-ta85K2uQY


26

32) Sahoo Pritish amp Taruna Jaiswal Cloud Computing And Its Legalities In India Nirma

University Law Journal Volume-4 Issue-1 July-2014 65- 78

httpwwwmanupatracoinnewslinearticlesUpload7796F62A-E75D-45FD-8EC7-

3AC01A4A5C7Apdf

33) Secure Cloud Storage Providers IMPERIAL COLLEGE LONDON available at

httpwww3imperialacukictservicessecurityhelpandadvicesensitivedatasuitablecloud

34) Sopheap Chak Cambodias Great Internet Firewall GLOBAL VOICES ONLINE March

2 2010 lthttpbitlybrP14M

35) Taty How Does Cloud Computing Work [Technology Explained] MAKEUSEOF (Mar 15

2011) httpwwwmakcuseofcomtagcloud-computing-work-technology-explained

36) The American Law Institute Intellectual Property Principles Governing Jurisdiction

Choice

37) Thomas Claburn Amazon EC2 Outage Hobbles Websites INFORMATIONWEEKCOM

(Apr 21 2011)

httpwwwinformationweekcomnewscloudcomputinginfrastructure229402054

38) Top Threats to Cloud Computing v 10 CLOUD SECURITY ALLIANCE

httpscloudsecurityallianceorgtopthreatscsathreatsv10pdf (March 2010)

39) Virginia Greiman amp Barry Unger Clearing the Air in Cloud Computing Advancing the

Development of a Global Legal Framework in PROCEEDINGS OF THE

INTERNATIONAL CONFERENCE ON CLOUD SECURITY MANAGEMENT 45- 51

(Dr Barbara Endicott- Popovsky Ed 2013)

40) Vogels W A Head in the Cloudsmdashthe Power of Infrastructure as a Service In First

workshop on Cloud Computing and in Applications (CCA rsquo08) (October 2008)

41) Wayne Jansen and Timothy Grance NIST Guidelines on Security and Privacy in Public

Cloud Computing Special Publication 80- 144

httpcsrcnistgovpublicationsnistpubs800-144SP800-144pdf

42) William Daley Secy of Commerce for the United States of America Keynote address at

WIPO Conference on Electronic Commerce and Intellectual Property September 1999 at

httpecommercewipointconferencespapersdaleyhtml

III REPORTS


27

1) Transparency Report User Data Requests GOOGLE

lthttpwwwgooglecomtransparencyreportuserdatarequests

2) GI Cloud (Meghraj) Strategic Direction Paper April 2013 Department of Electronics and

Information Technology Ministry of Communications and Information Technology

Government of India

httpdeitygovinsitesupload_filesditfilesGICloud20Strategic20Direction20Report

(1)pdf

IV CASES

1) AampM Records Inc v Napster Inc 239 F3d 1004 1021 (9th Cir 2001)

2) Arista Records LLC v Usenetcom Inc 2009 WL 1873589 (SDNY)

3) Capitol Records Inc et al v MP3tunes LLC et al 07 Civ 9931 (WHP)

4) Disney Enterprises Inc et al v Hotfile Corp et al 2011 US Dist LEXIS 78387

5) Inwood Labs Inc v Ives Labs 456 US 844 854 (1982)

6) Louis Vuitton Malletier SA v Akanoc Solutions Inc 658 F3d 936 (9th Cir 2011

7) Penguin Group (USA) Inc v American Buddha 609 F3d (2nd Cir 2010)

8) Perfect 10 Inc v Megaupload Ltd et al2011 US Dist LEXIS 81931 (July 27 2011)

9) Religious Technology Center v Netcom On-Line Communication Services Inc 907 F

Supp 1371(1995)

10) Sony Corp of America v Universal City Studios Inc 464 US 417 (1984)

11) Tiffany (NJ) Inc v eBay Inc 600 F3d 93 (2d Cir 2010)

V INTERNATIONAL INSTRUMENTS

1) Cloud Computing Risk Assessment EUROPEAN UNION AGENCY FOR NETWORK AND

INFORMATION SECURITY (March 2010) httpswwwenisaeuropaeuactivitiesrisk-

managementfilesdeliverablescloud-computing-risk-assessment

2) Cloud Standards Coordination ETSI (2013) httpcscetsiorgwebsitehomeaspx

3) EU Directive 94 46 EC October 1995

4) Joint Japanese-Korean Proposalrdquo is available at httpglobalcoe-waseda-law-

commerceorgactivitypdf2808pdf

5) OECD Guidelines on the Protection of Privacy and

6) Transborder Flows of Personal Data

httpwwwoecdorgdocument1802340en_2649_34255_1815186_1_1_1_100html

7) Transparency Principlesrdquo available at httptomeikajurkyushu-uacjpipproposalhtm


28

8) WIPO document lsquoUse of Trademarks on the Internet Issues Paper (SCT34)

httpwwwwipointedocsmdocssctensct_3sct_3_4pdf

9) WIPO document SCT 29 httpwwwwipointedocsmdocssctensct_2sct_2_9pdf

VI STATUTES

1) The Information Technology Act No 21 of 2000

2) Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept

and Obstruct Terrorism Act of 2001 (USA PATRIOT Act)

3) Uniform Trade Secrets Act 1979

4) Indian Civil Procedure Code 1908

5) Digital Millennium Copyright Act 1998

VII INTERNET SOURCES

1) httpswwwmicrosoftcominfoCloudaspx

2) httpcsrcnistgovpublicationsnistpubs800-145SP800-145pdf

3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


2

CONTENTS

1 INTRODUCTION

2 THE CLOUD DEFINING THE TERRITORY

3 LEGAL ISSUES IN THE CLOUD

4 OVERVIEW OF INTELLECTUAL PROPERTY INFRINGEMENT IN THE

CLOUD

5 HARMONIZING IP WITH THE CLOUD

6 INDIArsquoS TRYST WITH THE CLOUD

7 CONCLUSION

8 BIBLIOGRAPHY

BOOKS

ARTICLES

REPORTS

CASES

INTERNATIONAL INSTRUMENTS

STATUTES

INTERNET SOURCES


3

CHAPTER 1

INTRODUCTION


























expenditure


4

CHAPTER 2


















I Types of clouds

a Service models








CLOUD COMPUTING]


5






10 provides virtual



IaaS12



and applications13





b Deployment models





8 Public cloud16





private clouds18


the most vulnerable



Supra n8 12


Supra n 8 14




Supra n 6 16






6


Enterprises










Providers22





per their needs


the day)







property

CHAPTER 3


I Privacy concerns










7











cannot be ignored25




Encryption






23



December 2014 24














2014) 26

Supra n 22 27





8


















There












94 46 EC October 1995 29









Eg eBay Amazon 32



9
















risks at bay











33







2014


10

user34


CSP35








CHAPTER 4


I Trademark

34








December 2014 35






2014 37







Id


11
























of tackling it





39







12











where





















456 US 844 854 (1982) 45

600 F3d 93 (2d Cir 2010) 46


met



trademarks 47

658 F3d 936 (9th Cir 2011


13




infringement

II Copyright

























48




14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


3

CHAPTER 1

INTRODUCTION


























expenditure


4

CHAPTER 2


















I Types of clouds

a Service models








CLOUD COMPUTING]


5






10 provides virtual



IaaS12



and applications13





b Deployment models





8 Public cloud16





private clouds18


the most vulnerable



Supra n8 12


Supra n 8 14




Supra n 6 16






6


Enterprises










Providers22





per their needs


the day)







property

CHAPTER 3


I Privacy concerns










7











cannot be ignored25




Encryption






23



December 2014 24














2014) 26

Supra n 22 27





8


















There












94 46 EC October 1995 29









Eg eBay Amazon 32



9
















risks at bay











33







2014


10

user34


CSP35








CHAPTER 4


I Trademark

34








December 2014 35






2014 37







Id


11
























of tackling it





39







12











where





















456 US 844 854 (1982) 45

600 F3d 93 (2d Cir 2010) 46


met



trademarks 47

658 F3d 936 (9th Cir 2011


13




infringement

II Copyright

























48




14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


4

CHAPTER 2


















I Types of clouds

a Service models








CLOUD COMPUTING]


5






10 provides virtual



IaaS12



and applications13





b Deployment models





8 Public cloud16





private clouds18


the most vulnerable



Supra n8 12


Supra n 8 14




Supra n 6 16






6


Enterprises










Providers22





per their needs


the day)







property

CHAPTER 3


I Privacy concerns










7











cannot be ignored25




Encryption






23



December 2014 24














2014) 26

Supra n 22 27





8


















There












94 46 EC October 1995 29









Eg eBay Amazon 32



9
















risks at bay











33







2014


10

user34


CSP35








CHAPTER 4


I Trademark

34








December 2014 35






2014 37







Id


11
























of tackling it





39







12











where





















456 US 844 854 (1982) 45

600 F3d 93 (2d Cir 2010) 46


met



trademarks 47

658 F3d 936 (9th Cir 2011


13




infringement

II Copyright

























48




14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


5






10 provides virtual



IaaS12



and applications13





b Deployment models





8 Public cloud16





private clouds18


the most vulnerable



Supra n8 12


Supra n 8 14




Supra n 6 16






6


Enterprises










Providers22





per their needs


the day)







property

CHAPTER 3


I Privacy concerns










7











cannot be ignored25




Encryption






23



December 2014 24














2014) 26

Supra n 22 27





8


















There












94 46 EC October 1995 29









Eg eBay Amazon 32



9
















risks at bay











33







2014


10

user34


CSP35








CHAPTER 4


I Trademark

34








December 2014 35






2014 37







Id


11
























of tackling it





39







12











where





















456 US 844 854 (1982) 45

600 F3d 93 (2d Cir 2010) 46


met



trademarks 47

658 F3d 936 (9th Cir 2011


13




infringement

II Copyright

























48




14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


6


Enterprises










Providers22





per their needs


the day)







property

CHAPTER 3


I Privacy concerns










7











cannot be ignored25




Encryption






23



December 2014 24














2014) 26

Supra n 22 27





8


















There












94 46 EC October 1995 29









Eg eBay Amazon 32



9
















risks at bay











33







2014


10

user34


CSP35








CHAPTER 4


I Trademark

34








December 2014 35






2014 37







Id


11
























of tackling it





39







12











where





















456 US 844 854 (1982) 45

600 F3d 93 (2d Cir 2010) 46


met



trademarks 47

658 F3d 936 (9th Cir 2011


13




infringement

II Copyright

























48




14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


7











cannot be ignored25




Encryption






23



December 2014 24














2014) 26

Supra n 22 27





8


















There












94 46 EC October 1995 29









Eg eBay Amazon 32



9
















risks at bay











33







2014


10

user34


CSP35








CHAPTER 4


I Trademark

34








December 2014 35






2014 37







Id


11
























of tackling it





39







12











where





















456 US 844 854 (1982) 45

600 F3d 93 (2d Cir 2010) 46


met



trademarks 47

658 F3d 936 (9th Cir 2011


13




infringement

II Copyright

























48




14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


8


















There












94 46 EC October 1995 29









Eg eBay Amazon 32



9
















risks at bay











33







2014


10

user34


CSP35








CHAPTER 4


I Trademark

34








December 2014 35






2014 37







Id


11
























of tackling it





39







12











where





















456 US 844 854 (1982) 45

600 F3d 93 (2d Cir 2010) 46


met



trademarks 47

658 F3d 936 (9th Cir 2011


13




infringement

II Copyright

























48




14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


9
















risks at bay











33







2014


10

user34


CSP35








CHAPTER 4


I Trademark

34








December 2014 35






2014 37







Id


11
























of tackling it





39







12











where





















456 US 844 854 (1982) 45

600 F3d 93 (2d Cir 2010) 46


met



trademarks 47

658 F3d 936 (9th Cir 2011


13




infringement

II Copyright

























48




14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


10

user34


CSP35








CHAPTER 4


I Trademark

34








December 2014 35






2014 37







Id


11
























of tackling it





39







12











where





















456 US 844 854 (1982) 45

600 F3d 93 (2d Cir 2010) 46


met



trademarks 47

658 F3d 936 (9th Cir 2011


13




infringement

II Copyright

























48




14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


11
























of tackling it





39







12











where





















456 US 844 854 (1982) 45

600 F3d 93 (2d Cir 2010) 46


met



trademarks 47

658 F3d 936 (9th Cir 2011


13




infringement

II Copyright

























48




14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


12











where





















456 US 844 854 (1982) 45

600 F3d 93 (2d Cir 2010) 46


met



trademarks 47

658 F3d 936 (9th Cir 2011


13




infringement

II Copyright

























48




14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


13




infringement

II Copyright

























48




14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


14





customers49












was located












the court



49

Supra n 6 50


907 F Supp 1371(1995)


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


15


















users55








52


239 F3d 1004 1021 (9th Cir 2001) 54

2009 WL 1873589 (SDNY) (June 30 2009) 55







16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


16


al58









III Trade Secret










factor





58

07 Civ 9931 (WHP) 59



conditions










17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


17







Even countries are































on 15 Dec 2014)


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


18

CHAPTER 5

















A




Europe72

and Asia73



66



December 2014 67
















19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


19





affected74













CHAPTER 6




75




2014


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


20




cloud





located77












cloud

CHAPTER 7

CONCLUSION

76












intermediary 79




21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


21



- William Daley80




















80










promises




22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


22






that arise84


BIBLIOGRAPHY

I BOOKS











83









23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


23


Approach 2009

II ARTICLES

















offers users-help



8E02000C296BA163






Press 2013)


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


24




RAINY-DAYpdf








8078-b5d6e9942855pdf




















25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


25
























JIPITEC 174- 226









26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


26




3AC01A4A5C7Apdf








Choice


(Apr 21 2011)
















III REPORTS


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


27





Government of India


(1)pdf

IV CASES










Supp 1371(1995)
















28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg


28




VI STATUTES










3) wwwmanupatracom

4) wwwheinonlineorg

5) wwwjstororg

intellectual property issues in the cloud · an introduction to cloud computing and international...

Documents